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Winning case represented by Dentons Lawyers was selected into the “100 Excellent Judgments” by the National Court

A defamation dispute [(2017) Shanmin No. 154] between Shaanxi Baishui Dukang Liquor Co., Ltd. (hereinafter referred to as “Baishui Dukang”) and Luoyang Dukang Holdings Co., Ltd. (hereinafter referred to as “Luoyang Dukang”) represented by Ms. Liu Xiaoyan and Liu Suxia of Dentons Xi'an was selected as one of the “100 Excellent Judgments” by the National Court, ranking eighth in the intellectual property cases. The case was also selected as case No. 30 in the "50 classic IP cases of Chinese courts in 2017" issued by the Supreme People's Court.

"How to deal with sadness, Du Kang(Alcohol) is the only way." In a decade-long tug-of-war around the exclusive right of the “Dukang” trademark between Baishui Dukang and Luoyang Dukang, the Shanxi Provincial Higher People's Court ruled in favor of Baishui Dukang and that the both parties lawfully share the goodwill of “Dukang” brand. “Dukang” is an important component of the “Baishui Dukang” trademark. The act of Luoyang Dukang’s publicizing itself as “the only proprietor of Du Kang trademark” constitutes a commercial defamation. The advice of Liu Xiaoyan and Liu Suxia were fully adopted by the collegiate bench, and the definition of trademark use right and commercial defamation in the judgment will be a valuable reference in the unfair competition practice.